South Dakota Codified Laws 20-9-1.2. Other rules and principles not affected
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The Legislature intends only to abrogate the loss of chance doctrine expressly adopted by the court, thereby returning the common law of this state to its status immediately prior to the court’s decision. The Legislature does not intend to affect any other rule or principle of statutory or common law, including but not limited to, aggravation of preexisting injuries, proximate causation, and the requirement of informed consent for all medical treatment.
Terms Used In South Dakota Codified Laws 20-9-1.2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Source: SL 2002, ch 96, § 2.